HomeMy WebLinkAboutPZ1998-54CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 98-54
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING THE KENAI MUNICIPAL CODE AT 12.25.030 BE
AMENDED TO SET CLEAR STANDARDS FOR WHAT CONSTITUTES A JUNK VEHICLE.
WHEREAS, KMC 12.25.030 currently does not set clear standards as to what constitutes a junk
vehicle;
WHEREAS, the Commission believes it is in the best interest of the City of Kenai to design clear
standards so that enforcement could be easier and more efficient;
WHEREAS, the Commission believes that clearer standards would provide the public with clearer
notice as to what is not allowable.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS TO THE KENAI CITY COUNCIL KMC 12.25A30 BE
AMENDED AS FOLLOWS:
12.25.030 Leaving of~WR CKED, DISCARDED, NON-OPERATINGi Junked or
Illegally Parked Vehicles:
(a) No person shall leave any [PARTIALLY DISMANTLED, NON-
OPERATING, WRECKED, OR] junked vehicle on any street, highway, or public property
within the City.
(b) No person shall leave any vehicle remaining on public property designated
for parking in violation of regulations, ordinances, and/or posted times, periods, or conditions.
Any such vehicle shall be subject to emergency impounding procedures pursuant to KMC
12.25.040(c).
{c) No person in charge or control of any property within the City, whether as
owner, tenant, occupant, lessee, or otherwise, shall allow any [PARTIALLY DISMANTLED,
NON-OPERATING, WRECKED,] junked [, OR DISCARDED] vehicle to remain on such
property longer than 72 hours; and no person shall Ieave any such vehicle on any property within
the City for a longer time than [4$] 72 hours; except that this ordinance shall not apply with
regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise
operated in a lawful place and manner, when necessary to the operation of such business
enterprise; or a vehicle in an appropriate storage place or depositary maintained in a lawful place
and manner by the City.
(d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from
private property without the consent of the property owner or occupant. (Ord. 874)
(e) Notwithstanding_the provisions of subsection (c), if the Ci ,+ Manag_er_has
reasonable grounds to believe that repairs can he made to render a junk vehicle operable that the
registered owner or other person. entitled to possession of .the vehicle is willing to undertake or
have performed such repairs, that the vehicle does not op se any health or safety hazard, and that
RESOLUTION NO. PZ 98-54
Page 2
there is no reasonable means for removing the vehicle from public view while repairs are being
erformed the Ci Mana er ma authorize a eriod of no more than thi 30 da s for the
performance of such repairs... In no case, however, may this section be construed as authorizing
the operation of a junkyard or other salva eg or repair business where other requirements of the
law have not been met.
(fl "junk vehicle" means a motor vehicle that is:
1 Nat currentl re istered for o eration u on the ublic roads of the
C1ty;
(2~n a condition which exhibits two of the followin eg lemer~ts:
i. A substantial amount of broken or missin lass•
ii. Missing two_or more wheels or tires:
iii. Missin a bod anel or bod art such as uarer anels
bum er trunk Iid or hood•
iv. Missingan essential component such as„., the engine
transmission carburetor distributor brake or wheel
c linder brake shoe enerator or alternator starter front
vassenger seat, or drive shaft.
(3) Stripped, wrecked or otherwise ,.inoperable due to mechanical
failure; or
(4) Has not been reaaired because of mechanical difficulties or because
the cost of repairs required to make it operable exceeds the fair
market value of the vehicle.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 28th day of October 1998.
Chairman:
ATTEST: ~~~